Full Statute Name: P.E.I. Statutes - Companion Animal Protection Act

This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The object of this Act is to protect companion animals from abuse and neglect and to license and regulate the activities of companion animal establishments. Under the Act, no person shall wilfully cause a companion animal unnecessary pain, suffering or injury or permit it to be in distress. Any companion animal that is at large and or appears to be in distress may be caught and taken possession of by a person who is not the owner of the companion animal. Every person who fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $5,000.

Statute Text:

PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this Act, current to May 30, 2012. It is intended for
information and reference purposes only.
This document is not the official version of the Act. The Act and the
amendments as printed under the authority of the Queen’s Printer for the
province should be consulted to determine the authoritative statement of the
law.
For more information concerning the history of this Act, please see the
Table of Public Acts.
If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office
Tel: (902) 368-4291
Email: legislation@gov.pe.ca

CHAPTER C-14.1
COMPANIONANIMALPROTECTIONACT
PART I
INTERPRETATION AND APPLICATION
1. (1) In this Act Definitions
(a) “animal” means a non-human vertebrate; animal
(b) “appeals officer” means the veterinarian appointed as the appeals appeals officer
officer by the Minister under subsection 9.2(1);
(c) “at large” means not under control; at large
(d) “companionanimal” means an animal that is not an excluded companionanimalanimal;
(e) “companionanimal establishment” means an establishment, companionanimal
establishment
other than an excluded establishment, where companionanimals are
kept for boarding, training, sale or display on a regular basis and for
fee or reward, and includes a circus, an establishment operated by
the Society, a pet store, and a zoo;
(f) “Director” means the Director of Licensing appointed under Director
section 10;
(g) “excluded animals” means excluded animals
(i) livestock and poultry as defined in the Animal Health and
ProtectionAct R.S.P.E.I. 1988, Cap. A-11.1,
(ii) animals that are wildlife as defined in the Wildlife
Conservation Act R.S.P.E.I. 1988, Cap. W-4.1, and
(iii) animals of a species, type or category prescribed by the
regulations;
(h) “excluded establishment” means an establishment excluded
establishment
(i) that operates solely as a kennel as defined in the Dog Act
R.S.P.E.I. 1988, Cap. D-13,
(ii) that operates solely as a veterinary clinic licensed by the
Prince Edward Island Veterinary Medical Association, or
(iii) that is specifically, or that is of a type, excluded by the
regulations;
(i) “Society” means the Prince Edward Island Humane Society; Society
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2 Cap. C-14.1 CompanionAnimalProtectionAct
(j) “inspector” means an inspector appointed under subsection 5(1)
inspector
and includes a conservation officer appointed under the Wildlife
Conservation Act R.S.P.E.I. 1988, Cap. W-4.1;
license
(k) “license” means a license to operate a companionanimal
establishment issued under subsection 10.2(4);
(l) “licensee” means a person who holds a license;
licensee
(m) “Minister” means the Minister of Agriculture and Forestry;
Minister
(n) “officer” means an officer appointed under subsection 5(1);
officer
(o) “owner” means the owner of a companionanimal, and includes
owner
(i) a person who has, with the consent of the owner, possession or
charge of the companionanimal,
(ii) unless the contrary is indicated, a licensee or person in charge
of a companionanimal establishment at which the companionanimal is kept or found, and
(iii) a parent of a person under the age of 18 years who
(A) owns a companionanimal or who has possession or charge
of a companionanimal owned by the parent, and
(B) resides with the parent,
but does not include a person under the age of 18 referred to in
subclause (iii);
(p)“parent” means
parent
(i) a birth or adoptive parent who has custody or guardianship
rights to a child,
(ii) a person, who has stood in loco parentis to a child for a
period of not less than one year and who has a continuing
relationship with the child,
(iii) a legal guardian of a child, or
(iv) a person responsible for the care of a child and with whom
the child resides;
(q) “private property” includes real or personal property;
private property
(r) “veterinarian” means a person licensed to practise clinical
veterinarian
veterinary medicine under the Veterinary Profession Act R.S.P.E.I.
1988, Cap. V-3.
(2) For the purposes of this Act, a companionanimal is in distress if it
Animal in distress
(a) is in need of food, water, care, shelter or treatment;
(b) is sick, in pain or suffering or has been injured; or
(c) is abused or subjected to cruelty or neglect.
(3) Subject to subsection (4), for the purposes of this Act, an accepted
Accepted activities
activity includes the following activities:
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CompanionAnimalProtectionAct Cap. C-14.1 3
(a) research and teaching involving animals;
(b) euthanasia of animals;
(c) any other activity designated by the regulations as an accepted
activity.
(4) An activity is an accepted activity under subsection (3) only if it is Standards for
accepted activities
carried out in a manner that is consistent with the regulations.
(5) This Act and the regulations do not apply to any municipality Application to
municipalities
where the municipality has enacted and is enforcing bylaws that
substantially conform to or exceed the standards and procedures
established by this Act or the regulations.
(6) Where there is a conflict between a provision of this Act and Conflict with Dog
Act
provision of the Dog Act, the Dog Act shall prevail to the extent of the
conflict. 2001,c.4,s.1; 2004,c.36,s.3; 2009,c.73,s.2; 2012,c.9,s.1.
2. The object of this Act is to protectcompanionanimals from abuse and Object
neglect and to license and regulate the activities of companionanimal
establishments. 2001,c.4,s.2.
PART II
PROTECTION OF COMPANIONANIMALS
Restrictions Respecting Injury and Distress
3. (1) No person shall wilfully cause a companionanimal unnecessary Causing
unnecessary pain,
pain, suffering or injury. suffering or injury
(2) No owner of a companionanimal shall cause or permit the Causing or
permitting distress
companionanimal to be, or to continue to be, in distress.
(3) Subsections (1) and (2) do not apply where the pain, suffering, Exception regarding
accepted activities
injury or distress are the result of any treatment, process or condition that
occurs in the course of an accepted activity. 2001,c.4,s.3.
CompanionAnimals at Large and in Distress
4. (1) Any companionanimal Catching and
holding animals at
(a) that is at large, and large
(b) that is, or appears to be, in distress,
may be caught and taken possession of by a person who is not the owner
of the companionanimal.
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4 Cap. C-14.1 CompanionAnimalProtectionAct
(2) Where a companionanimal is caught and taken possession of under
Notice to owner
subsection (1), the captor shall, if the captor knows or can easily find the
owner of the companionanimal, notify the owner as soon as possible,
(a) that the animal has been caught;
(b) that the animal is or appears to be in distress; and
(c) of the place where the animal is being held.
(2.1) Where
Notice to Society
(a) the captor does not know or cannot easily find the owner of the
companionanimal; or
(b) the owner is notified in accordance with subsection (2) but does
not pick up the companionanimal within 24 hours of receiving that
notice,
the captor shall notify the Society of the matters referred to in subsection
(2), as soon as possible after catching the companionanimal, in the
circumstances referred to in clause (a), or after the expiry of the 24-hour
period, in the circumstances referred to in clause (b).
(3) A captor shall, as soon as possible, make reasonable arrangements
Duty of reasonable
care for the animal’s care until it is recovered by the owner or it is taken into
the possession and charge of the Society.
(4) When notified under subsection (2.1), the Society shall, as soon as
Society to arrange
shelter possible, take possession and charge of the companionanimal and
arrange for the companionanimal
(a) to be sheltered at its premises, a veterinary clinic or a companionanimal establishment that accepts animals on behalf of the Society;
and
(b) to be given such care as the Society considers reasonable in the
circumstances.
(5) Where the Society takes possession and charge of a companion
Notice
animal under this section, the Society shall, as soon as possible, so
inform an officer, and the officer shall, if the owner was not notified
under subsection (2) of the animal’s capture and distress, take reasonable
steps to locate the owner and to advise the owner that the companionanimal is in the possession and charge of the Society and may be
recovered, placed for adoption or given euthanasia, in accordance with
section 9.1. 2001,c.4,s.4.
Intervention by Inspectors and Officers
5. (1) The Minister may appoint such inspectors and officers as are
Inspectors and
officers necessary for the administration of this Act and the regulations.
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CompanionAnimalProtectionAct Cap. C-14.1 5
(2) Any member or employee of the Society who is nominated by the
Persons eligible to
Society, or a veterinarian, is eligible to be appointed as an officer under be officers
subsection (1).
Certificate of
(3) The Minister shall provide an inspector or officer with a certificate appointment
of appointment.
(3.1) A conservation officer appointed under the Wildlife Conservation
officers are
Conservation Act is an inspector for the purposes of this Act by virtue of inspectors
his or her office.
(3.2) Notwithstanding subsection (3), the identification card issued to Identification card
is certificate of
a conservation officer under the authority of the Conservation Officer appointment
Regulations under the Wildlife Conservation Act is deemed to be a
certificate of appointment for the purposes of subsection (4).
(4) An inspector or officer acting under the authority of this Act or the Production of
certificate
regulations shall, on request, produce his or her certificate of
appointment.
(5) The Minister may engage, on such terms and conditions as the Professional
expertise
Minister considers appropriate, the services of such professional or
technical persons or experts, as the Minister considers appropriate, to
advise the Minister on matters relating to the efficient administration and
enforcement of this Act and the regulations.
(6) At the direction of the Minister, a person who is not an employee Remuneration and
expenses
of the province and who assists in the administration and enforcement of
this Act, as an officer or in any other capacity, may be paid such
remuneration or reimbursed for such expenses as is permitted by the
regulations. 2001,c.4,s.5; 2012,c.9,s.2.
5.1 An inspector may issue tickets under the Summary Proceedings Act Powers of
Inspectors
R.S.P.E.I. 1988, Cap. S-9 in respect of a contravention of this Act or the
regulations. 2012,c.9,s.3.
6. (1) Subject to subsections (2) and (3), where an inspector or officer Entry and
inspection without
believes on reasonable and probable grounds that a companionanimal is warrant
in distress in any place, including a companionanimal establishment, or
in any vehicle, the inspector or officer may, without a warrant,
(a) enter the place or vehicle either alone or accompanied by a
veterinarian; and
(b) inspect the place or vehicle and any companionanimal found
therein to determine whether the animal is in distress.
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6 Cap. C-14.1 CompanionAnimalProtectionAct
(2) An inspector or officer may not enter any place that is a dwelling
Warrant to enter
place without the consent of the owner or person in charge except under
dwelling place
the authority of a warrant issued under subsection (4).
(3) Before entering any place or vehicle under this section, an
Consent to entry
inspector or officer shall take reasonable steps to find the owner or
person in charge and reasonably attempt to obtain his or her consent to
the entry.
(4) A justice who is satisfied by information on oath
Authority to issue
warrant (a) that there are reasonable and probable grounds to believe that
there is a companionanimal in distress in a dwelling place; and
(b) that either
(i) a reasonable but unsuccessful attempt to obtain consent to
enter the dwelling place has been made, or
(ii) there are reasonable and probable grounds for believing that
consent to entry will not or can not be given,
may issue a warrant authorizing the inspector or officer named therein,
together with a veterinarian and such peace officers as are required to
assist, to enter and inspect that dwelling place and any companionanimal
found therein, subject to such conditions as may be specified in the
warrant.
(5) An inspector or officer shall use no more force than is reasonably
Use of force
required to enter or inspect private property.
(6) No person shall in any manner hinder or obstruct an inspector or
Obstruction
officer in the performance of the inspector’s or officer’s duties under this
Act and the regulations.
(7) A veterinarian who has, under this section, entered any place or
Inspection by
veterinarian vehicle with an inspector or officer, may inspect any companionanimal
found there for the purposes of determining whether the companionanimal is in distress.
(8) Where an inspector or officer has entered any place or vehicle and
Relief of distress
finds an animal in distress, the inspector or officer may, in addition to
any other action he or she is authorized to take under this Act and the
regulations, supply the animal with food, water or any immediate or
emergency care that may be necessary for alleviating the distress.
2001,c.4,s.6.
6.1 (1) During the regular business hours of a companionanimal
Entry and
inspection of establishment, an inspector or officer may, without a warrant or the
companionanimal
consent of the licensee, routinely enter the companionanimal
establishments
establishment and inspect it and any companionanimal found therein to
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CompanionAnimalProtectionAct Cap. C-14.1 7
determine whether that companionanimal establishment is operating in
compliance with this Act and the regulations.
(2) Where, after making an entry and inspection under subsection (1), Report of matter by
officer
an officer believes that the companionanimal establishment is not
operating in compliance with this Act or the regulations, the officer shall
report the matter to an inspector. 2001,c.4,s.6.1.
7. (1) This section does not apply in respect of the owner of any Application of
section
companionanimal kept in a companionanimal establishment.
(2) Where an inspector or officer has reasonable and probable grounds Order to owner to
relieve distress
to believe that a companionanimal is in distress and the owner of the
companionanimal is present or may be found promptly, the inspector or
officer may order the owner to take such action as may, in the opinion of
the inspector or officer, be necessary to relieve the distress of the
companionanimal or improve the conditions that are causing the
distress.
Content of orders
(3) An order issued under subsection (2) shall be in writing and shall,
subject to subsection (4), contain a standard of care as prescribed by the
regulations.
(4) Where a standard of care for a companionanimal is not prescribed Consultation with
veterinarian
by the regulations, an inspector or officer, as the case may be, shall
consult a veterinarian for the purpose of determining what actions are
necessary to relieve the companionanimal’s distress or to improve the
conditions that are causing the distress, and the order issued under
subsection (2) shall be consistent with the veterinarian’s instructions.
(5) Where an inspector or officer makes an order under subsection (2), Time for
compliance and
the inspector or officer shall specify in the order right of appeal
(a) the time within which any action required by the order shall be
performed; and
(b) the owner’s entitlement to appeal the order in accordance with
section 9.3.
(6) Every order made under subsection (2) shall be served on the Service
owner personally or by posting the order on the place where the
companionanimal was found, and service in any such manner shall be
deemed to take effect immediately.
(7) An owner who is served with an order under subsection (6) shall Compliance
required
comply with the order in accordance with its terms.
(8) Subject to subsection (9), where an order made under subsection Inspection to ensure
compliance
(2) remains in force, an inspector or officer may, for the purpose of
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8 Cap. C-14.1 CompanionAnimalProtectionAct
determining whether the order has been complied with, enter the place or
vehicle where the companionanimal is located and inspect the
companionanimal or the place or vehicle.
(9) Where re-entry to a dwelling place is required for the purpose of
Re-entry, dwelling
place the determining whether the order has been complied with, re-entry
without a new warrant is only permitted under subsection (8) where it is
a condition of the original warrant for entry into the dwelling place.
2001,c.4,s.7.
8. (1) Where, after
Order to licensee to
relieve distress (a) entering and making an inspection of a companionanimal
establishment under section 6 and subsection 6.1(1); or
(b) receiving the report of an officer under subsection 6.1(2),
an inspector has reasonable and probable grounds to believe that a
companionanimal in the companionanimal establishment is in distress,
the inspector may order the licensee to take such action as may, in the
opinion of the inspector, be necessary to relieve the distress of the
companionanimal or improve the conditions in the companionanimal
establishment that are causing the distress.
(2) Subsections 7(3) to (7) apply, with such changes as are required, in
Application of
provisions re orders respect of any order made under subsection (1) or (3) or any decision
and appeal
made under subsection (5).
(3) An officer shall have the powers of an inspector to issue an order
Officer has powers
of inspector under subsection (1) where
(a) the officer observes or hears a companionanimal in what he
believes to be, based on reasonable and probable grounds,
circumstances of immediate life-threatening distress; and
(b) the officer is unable to contact or make a report to an inspector
about the matter within a reasonable time.
(4) Every order issued under subsection (3) shall be deemed to be an
Interim order
interim order and, within two working days, after making the order, the
officer shall forward a copy of the order to an inspector.
(5) On receipt of a copy of an interim order, an inspector shall, as soon
Inspector to
confirm, vary or as is practicable, confirm, vary or rescind the order, as the inspector
rescind
considers appropriate. 2001,c.4,s.8.
9. (1) An inspector or officer may remove a companionanimal from the
Removal of
companionanimal place, including a companionanimal establishment, or vehicle in which
it is found, and take possession and charge of the companionanimal for
the purposes of providing it with food, water or care to relieve its distress
where a veterinarian has inspected the animal and has advised that the
health and well-being of the companionanimal necessitates its removal.
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CompanionAnimalProtectionAct Cap. C-14.1 9
(2) An inspector may also remove a companionanimal from the place,
Additional
including a companionanimal establishment, or vehicle in which it is circumstances for
found, and take possession and charge of it for the purposes referred to removal
in subsection (1) where
(a) the inspector has inspected the companionanimal and has
reasonable grounds for believing that it is in distress and its owner is
not present and cannot be found promptly;
(b) an order respecting the companionanimal, or the companionanimal establishment in which it is found, has not been complied
with; or
(c) the inspector has reasonable grounds to believe that making an
order will not eliminate or relieve the companionanimal of its
distress within a reasonable period of time.
(3) An inspector or officer may cause a companionanimal to be given Euthanasia
euthanasia
(a) with the consent of the owner; or
(b) where a veterinarian has examined the companionanimal and
determined that the companionanimal is ill or injured and, in the
opinion of the veterinarian, is incapable of being so cured or healed
as to live without suffering.
(3.1) On removing a companionanimal under subsection (1) or (2), an Transfer to Society
inspector or officer shall, as soon as is practicable, transfer possession
and charge of the companionanimal to the Society.
(4) An inspector or officer who removes a companionanimal under Notice
subsection (1) or (2) or causes it to be given euthanasia under subsection
(3) shall take reasonable steps to locate the owner of the companionanimal as soon as is reasonably practicable and to advise the owner
(a) that the companionanimal was found to be in distress;
(b) of any action taken by the inspector or officer in respect of the
companionanimal;
(c) if the companionanimal has been placed in the possession and
charge of the Society for care and shelter, that
(i) the companionanimal may be recovered, placed for adoption
or given euthanasia in accordance with section 9.1, and
(ii) the owner may appeal the decision to remove the companionanimal to the appeals officer under section 9.3; and
(d) if the companionanimal has been given euthanasia, of the
owner’s liability, under subsection 13(1), for all of the costs
associated with that action.
(5) On receiving possession and charge of a companionanimal under Provision of shelter
and care
subsection (3.1), the Society shall, as soon as possible, arrange for the
companionanimal to be
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10 Cap. C-14.1 CompanionAnimalProtectionAct
(a) sheltered at its premises, or at a veterinary clinic or companionanimal establishment that accepts animals on behalf of the Society;
and
(b) given such care as the Society considers reasonable in the
circumstances. 2001,c.4,s.9.
Recovery, Adoption, Euthanasia
9.1 (1) The owner of a companionanimal placed in the possession and
Recovering
possession of charge of the Society under subsections 4(4) or 9(3.1) may, within the
companionanimal
prescribed time period, recover possession and charge of the companionanimal on paying to the Society the fees and costs for which the owner is
liable under subsection 13(1).
(2) Where the owner of a companionanimal that has been placed in
Adoption or
euthanasia the possession and charge of the Society under subsections 4(4) or 9(3.1)
(a) fails to take possession of the companionanimal in accordance
with subsection (1); or
(b) fails to obtain a decision, under subsection 9.3, on appeal to the
appeals officer, requiring the return of the companionanimal,
the Society is deemed to be the owner of the animal and may place the
animal for adoption, with a person approved by the Society and for a
prescribed fee, or cause it to be given euthanasia.
(3) Where a companionanimal is placed for adoption under subsection
Transfer of
ownership (2), the companionanimal becomes the property of the person with
whom it is placed. 2001,c.4,s.9.1.
Appeals
9.2 (1) The Minister shall appoint a veterinarian to serve as the appeals
Appeals officer
officer.
(2) The appeals officer shall hear and determine appeals made under
Duties
subsection 9.3(1). 2001,c.4,s.9.2.
9.3 (1) An owner of a companionanimal who is aggrieved by
When owner may
appeal (a) an order made under section 7 or 8; or
(b) a decision made under subsection 8(5), 9(1) or (2),
may appeal the order or decision to the appeals officer within seven days
after the service on the owner of the order or notice of the decision, as
the case may be.
(2) The appeal shall be
Appeal in writing
(a) made in writing and in a form approved by the appeals officer;
and
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CompanionAnimalProtectionAct Cap. C-14.1 11
(b) filed with the appeals officer within the time period specified in
subsection (1).
(3) The appeals officer shall review the order or decision appealed Review
from within five days of the receipt of the appeal.
(4) The appeals officer, on reviewing an appeal, may confirm, vary or Decision
rescind the order or decision appealed.
(5) The appeals officer shall provide notice of his or her decision to Notice
(a) the owner;
(b) the inspector or officer who made the order or decision that is the
subject of the appeal; and
(c) the Society, if it has possession of the companionanimal.
2001,c.4,s.9.3.
PART III
LICENSES
General
10. The Minister shall appoint an employee of the province to be the Director of
Licensing
Director of Licensing. 2001,c.4,s.10.
10.1 (1) Subject to subsection (2), no person shall operate a companion Restriction on
operation
animal establishment except under the authority of a valid license.
(2) Where Exception
(a) the term of a person’s license expires on June 30 in a year in
accordance with subsection 10.2(8); and
(b) the person has not been issued a new license,
the person may, during the 30 days immediately following that date,
operate a companionanimal establishment without a license.
2001,c.4,s.10.1.
Applications
10.2 (1) An application for the issuance of a license shall be made to the Application
Director on a form approved by the Director and shall
(a) contain the information required by the regulations; and
(b) subject to subsection (2), be accompanied by such application
and annual license fees and documentation as may be required by
the regulations.
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12 Cap. C-14.1 CompanionAnimalProtectionAct
(2) A licensee who applies under subsection (1) for the issuance of a
Application fees not
new license within 30 days of the expiry of his or her last license is not
payable for
required to pay any application fees.
subsequent license
(3) The Director may, before issuing a license to an applicant, require
Inspection and
further information (a) the applicant’s companionanimal establishment to be inspected
by an inspector or officer to determine that it will be operated in
accordance with this Act and the regulations; and
(b) the applicant to submit such additional information as the
Director considers necessary.
(4) The Director shall issue a license to an applicant if the Director is
Issuance of license
satisfied that
(a) the application has been made in accordance with subsection (1)
and accurately reflects the companionanimal establishment and its
proposed operation;
(b) the applicant has complied with any requirement for an
inspection or the submission of further information made under
subsection (3); and
(c) the companionanimal establishment and its proposed operation,
as specified in the application, comply with the requirements of this
Act and the regulations.
(5) The Director may issue a license subject to such terms and
Terms and
conditions conditions as the Director considers appropriate.
(6) A licensee shall comply with
Compliance by
licensee (a) the terms and conditions of his or her license, if any; and
(b) the requirements of this Act and the regulations.
(7) A licensee shall keep the license posted in the companionanimal
Display of license
establishment to which it pertains in a clearly visible and prominent
place.
(8) A license is valid for a term commencing on the date it is issued
Term of license
and expiring on June 30 of that year, unless it is sooner suspended or
cancelled.
(9) A license held by a licensee for a companionanimal establishment
Not transferable
is not transferable to another person or to another companionanimal
establishment.
(10) The application and annual license fees collected under this
Payment to Minister
of Finance and section shall be made payable to the Minister of Finance, Energy and
Municipal Affairs
Municipal Affairs. 2001,c.4,s.10.2; 2010,c.31,s.3; 2012,c.17,s.2.
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CompanionAnimalProtectionAct Cap. C-14.1 13
10.3 If the Director refuses to issue a license to an applicant, the Director
Refusal to license
shall give the applicant a written notice of the refusal that
(a) gives the reasons for the refusal; and
(b) advises the applicant that the refusal may be appealed in
accordance with section 12. 2001,c.4,s.10.3.
Suspension or Cancellation
Suspension or
11. (1) The Director may suspend or cancel a license, by giving a cancellation of
written notice to the licensee of the suspension or cancellation, where the license
Director is satisfied
(a) that the licensee has failed to comply with this Act or the
regulations; or
(b) that the licensee has been found guilty of an offence under the
Criminal Code (Canada) relating to the treatment of animals.
(2) The written notice given to the licensee under subsection (1) shall Notice
(a) give the reasons for the suspension or cancellation; and
(b) advise the licensee that the suspension or cancellation may be
appealed in accordance with section 12. 2001,c.4,s.11.
Appeal
12. (1) A person who is aggrieved by the refusal of his or her Appeal
application for a license, or by the suspension or cancellation of his or
her license, may, within 30 days after the person is notified of the
refusal, suspension or cancellation, as the case may be, appeal the
refusal, suspension or cancellation to a judge of the Supreme Court.
(2) On hearing an appeal made under subsection (1), the judge may Decision
rehear the matter and hear new evidence on the matter and confirm, vary
or rescind the refusal, suspension or cancellation. 2001,c.4,s.12.
PART IV
GENERAL
Fees and Costs
13. (1) The owner or former owner of a companionanimal is liable to Owner liable for
fees and costs
pay to the Society, on demand, an amount equal to
(a) the sum of
(i) the prescribed fees respecting the care and maintenance of the
companionanimal, and
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14 Cap. C-14.1 CompanionAnimalProtectionAct
(ii) any costs incurred by the Society that is considered
appropriate to relieve the distress of the companionanimal,
where the companionanimal has been placed in the possession and
charge of the Society under subsections 4(4) or 9(3.1);
(b) the costs of the relief supplied to the companionanimal by an
inspector or officer under subsection 6(8); and
(c) the costs associated with giving the companionanimal euthanasia
under subsection 9(3) or 9.1(2).
(2) For greater certainty, the costs for which an owner or former owner
Included costs
is liable under subsection (1) include any costs incurred to seize,
transport, or provide medical attention to a companionanimal.
(3) Any amount for which an owner or former owner of a companion
Recovery as debt
due to Society animal is liable under this section is a debt due by that person to the
Society.
(4) The Society may at any time, and shall on the request of the owner
Statement of
account or former owner of the companionanimal, provide to the owner a
statement of account of the fees and costs for which the owner is liable
under this section.
(5) The Minister shall, in accordance with the regulations, reimburse
Reimbursement
the Society for any fees or costs outstanding under this section for more
than 24 months. 2001,c.4,s.13.
Liability
14. No action or other proceedings for damage shall be instituted against
Liability
(a) the Minister;
(b) an inspector, officer, veterinarian;
(c) the appeals officer or Director; or
(d) any person acting as the agent of any person referred to in
clauses (a), (b) or (c)
for anything done in good faith in the performance or intended
performance of any duty or in the exercise or in the intended exercise of
any power under this Act, or for the neglect or default in the performance
or exercise in good faith of any such duty or power. 2001,c.4,s.14.
Offences and Penalties
15. Every person who fails to comply with this Act or the regulations is
Offences and
penalties guilty of an offence and liable on summary conviction to a fine of not
less than $200 and not more than $5,000. 2001,c.4,s.15.
16. (1) In addition to imposing the penalties prescribed by section 15, a
Additional penalties
judge, on conviction, may
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CompanionAnimalProtectionAct Cap. C-14.1 15
(a) make an order prohibiting the defendant from owning, having the
custody or control of, or residing in the same place as a companionanimal during any period that the court considers appropriate, but in
the case of second or subsequent offence, for the lifetime of the
defendant; or
(b) make an order vesting in the Society
(i) the ownership of all companionanimals owned by the
defendant, and
(ii) the ownership of the companionanimal in respect of which
the prosecution has been commenced.
(2) No person shall disobey an order made under subsection (1). Non-compliance on
offence
2001,c.4,s.16.
17. Where a summary offence ticket is issued for non-compliance with Continuing offence
an order made under section 7 or 8, the owner or licensee, as the case
may be, is guilty of a separate offence for each day that the order is not
complied with. 2001,c.4,s.17.
Regulations
18. The Lieutenant Governor in Council may make regulations Regulations
(a) designating activities as accepted activities and describing
accepted activities;
(b) prescribing which documents are to be considered codes or
manuals for the purposes of this Act;
(c) prescribing standards of care, maintenance and treatment in
relation to companionanimals and incorporating by reference codes
of practise or manuals relating to those standards;
(d) prohibiting specific practices carried out on or in relation to
companionanimals;
(e) designating classes, types or categories of animals as companionanimals, and excluding other classes, types or categories;
(f) listing the types of premises, structures, or places considered to
be companionanimal establishments;
(g) respecting the appointment or removal of officers, inspectors,
and other persons required for administering and enforcing this Act;
(h) respecting qualifications, identification, and codes of conduct for
officers and inspectors;
(i) prescribing the terms and conditions of reimbursement or
remuneration for assistance in administering or enforcing this Act;
(j) prescribing any procedures required for administering and
enforcing this Act;
(k) prescribing the form and content of any order issued under the
authority of this Act;
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16 Cap. C-14.1 CompanionAnimalProtectionAct
(l) setting out circumstances for immediate life-threatening distress
under which officers may issue an order to a companionanimal
establishment;
(m) prescribing the form and procedure for appeals and reviews
authorized by this Act;
(n) respecting searches authorized by this Act;
(o) respecting the use of force;
(p) respecting the seizure and custody of a companionanimal;
(q) respecting the establishment of fees owed by an owner or former
owner under any provisions of this Act or the regulations including
the establishment of a scale of fees;
(r) respecting billing an owner or other person for costs incurred in
the enforcement of this Act;
(s) prescribing the time frame for repossession of a companionanimal;
(t) respecting activities that engage companionanimals for
entertainment or exhibition;
(u) respecting the establishment, operation and maintenance of
companionanimal establishments, and prescribing standards for
companionanimal establishments including standards of care for
companionanimals in the licensee’s possession and charge;
(v) concerning the inspection of companionanimal establishments;
(w) respecting the terms and conditions of a license including
application fees, license fees, and renewal of a license;
(x) respecting the form and content of a license;
(y) prescribing procedures for the suspension or cancellation of
licenses;
(z) respecting exemptions from licensing provisions;
(aa) prescribing persons to whom application and license fees may
be made payable;
(bb) respecting reimbursement to the Society for outstanding fees
and costs;
(cc) defining any word or expression used in this Act, but not
defined in this Act, for the purposes of this Act;
(dd) generally for the administration and enforcement of this Act.
2001,c.4,s.18.
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